‘Very serious allegations’: Hays County district clerk could be suspended from office

HAYS COUNTY, Texas (KXAN) — A Hays County courtroom filled Tuesday afternoon to hear a hearing on whether Hays County Clerk Avrey Anderson — who was elected nearly two years ago at age 19 — should be suspended from office without pay pending a jury trial on his removal in October.

After hearing nearly three hours of testimony, Travis County Judge Amy Clark Meachum said she needed more time to review case law before making a decision. She said she would announce a ruling in mid-July.

“I’ve heard some very serious allegations today and I want to go back to the case law,” Meachum said. “Removing an elected official from office when the voters elected him is something no one should do lightly.”

This hearing comes before a trial on Anderson’s permanent removal from office, which, barring further delays, will take place in late October.

In late 2023, Austin attorney Chloe Love filed a motion to remove Anderson from office, citing, among other things, his failure to serve summonses and subpoenas for grand jury trials, his failure to deliver injunctions to the appropriate departments, and his consistent failure to file grand jury indictments in a timely manner.

On Tuesday, the state brought witnesses who argued that Anderson was incompetent and should be suspended immediately.

“(His work) has disrupted the administration of justice in this district,” said Gregg Cox, first assistant district attorney in Hays County.

“There were lost judgments. There were lost dismissals – lost denial forms. Subpoenas that were lost and subpoenas that were not processed and therefore could not be served,” Cox told the court.

“We have had numerous cases scheduled for trial. Mistakes are corrected and then we cannot go to trial because the indictment has not been processed and served on the defendant,” he continued.

Deputy District Clerk Max Hernandez, who has worked in the office for five years, testified that he and his colleagues often fear Anderson’s “erratic” behavior, which makes it difficult for them to perform their duties.

“In short, I would say he is unstable, disruptive and aggressive at certain times,” Herandez said.

Hernandez also described several disturbing conversations with Anderson in which he made violent remarks about colleagues and elected officials.

“He told me he wanted to tie up one of our employees, slit her throat and watch her bleed,” Hernandez testified.

“He often makes comments about (Hays County District Attorney) Kelly Higgins,” Hernandez added. “He once said he hoped he would get hit by a truck.”

Anderson did not condone the words Hernandez used when describing what Anderson would do to one of his employees, but indicated that he knew when it happened.

“I was very frustrated at the time – if I remember correctly,” Anderson said.

Anderson said he remembered comments he made about Higgins, which he said he regretted.

Anderson’s legal counsel Joanna Salinas, acknowledged that Anderson made mistakes but worked hard to correct them.

“The mistakes that were made have been addressed. He continues to address them, he wants to continue to address them and he is willing to continue to address them,” Salinas said.